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As Passed by the House
122nd General Assembly
Regular Session
1997-1998 | Am. Sub. S. B. No. 52 |
SENATORS CARNES-OELSLAGER-WATTS-B. JOHNSON-WHITE-LATTA-GARDNER-
BLESSING-NEIN-DIX-RAY-GAETH-CUPP
-REPRESENTATIVES JOHNSON-
JACOBSON-CAREY-VESPER-CATES-MEAD-FOX-CORE-PERZ-
DAMSCHRODER-LAWRENCE-THOMAS-KREBS-METZGER-REID-BUCHY-
MOTTLEY-MOTTL-WILSON-HAINES-TIBERI-OLMAN-HARRIS-
SALERNO-BRADING-ROMAN-PATTON-VERICH
A BILL
To amend sections 5107.02, 5115.03, 5120.17, and 5149.03 and to
enact sections 3113.16, 5101.20, 5101.21, 5107.36, 5107.37, 5115.04, and
5120.37 of the
Revised Code to deny eligibility for
certain public assistance to fugitive felons and probation and
parole violators; to require the Department of Human Services
to exchange data with law enforcement agencies
concerning
fugitive felons and
probation and parole violators; to require the
Department to provide information regarding public
assistance recipients to
law enforcement agencies for purposes of
investigations, prosecutions, or criminal or civil
proceedings; to require
the Department to exchange information
regarding
public assistance recipients
with the Auditor of State and other government
entities performing similar
functions; to require the Auditor of State to
report certain information to
the Governor and the General Assembly;
to require
25% of all money earned by
prisoners to be paid to the state Department of
Human Services or a county
child support enforcement agency under certain
circumstances; to require the
Department
of
Rehabilitation and Correction to enter into agreements
to share information
with the Department of Human Services; to permit
the Department of
Rehabilitation and Correction to exchange psychiatric
hospitalization and
mental health records and information
with a county
sheriff's office; and to
permit the Adult Parole Authority to enter into an
agreement with a person or
government entity to share information, personnel,
and services for certain
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 5107.02,
5115.03, 5120.17, and 5149.03 be amended and sections 3113.16, 5101.20,
5101.21, 5107.36, 5107.37,
5115.04, and 5120.37 of the Revised Code be enacted to read as follows:
Sec. 3113.16. (A) AS USED IN THIS SECTION:
(1) "CHILD SUPPORT ORDER" HAS THE SAME MEANING AS IN SECTION 2301.373 OF THE
REVISED CODE.
(2) "DEFAULT," "OBLIGOR," AND "OBLIGEE" HAVE THE SAME MEANINGS AS IN SECTION
2301.34 OF THE REVISED CODE.
(3) "PRISON," "PRISON TERM," AND "JAIL" HAVE THE SAME MEANINGS AS IN SECTION
2929.01 OF THE REVISED CODE.
(B) NOTWITHSTANDING ANY OTHER SECTION OF THE REVISED
CODE, INCLUDING SECTIONS 5145.16 AND 5147.30 OF THE REVISED
CODE, TWENTY-FIVE PER CENT OF ANY MONEY EARNED PURSUANT TO SECTION
5145.16
OR
5147.30 OF THE REVISED CODE BY A PRISONER IN A PRISON OR
JAIL WHO
HAS A DEPENDENT CHILD RECEIVING ASSISTANCE UNDER CHAPTER 5107. OF THE
REVISED CODE, SHALL BE PAID TO THE STATE DEPARTMENT OF HUMAN
SERVICES.
(C) NOTWITHSTANDING ANY OTHER SECTION OF THE REVISED
CODE, INCLUDING SECTIONS 5145.16 AND 5147.30 OF THE REVISED
CODE, AND EXCEPT AS PROVIDED IN DIVISION (B) OF THIS
SECTION,
TWENTY-FIVE PER CENT OF ANY MONEY EARNED PURSUANT TO SECTION 5145.16 OR
5147.30 OF
THE REVISED CODE BY A PRISONER IN A PRISON OR JAIL WHO IS AN
OBLIGOR IN DEFAULT UNDER A CHILD SUPPORT ORDER ACCORDING TO THE RECORDS OF THE
CHILD SUPPORT ENFORCEMENT AGENCY ADMINISTERING THE ORDER, SHALL BE PAID TO THE
AGENCY FOR DISTRIBUTION TO THE OBLIGEE UNDER THE ORDER PURSUANT TO SECTIONS
3111.23 TO 3111.28 OR SECTIONS 3113.21 TO 3113.219 OF THE REVISED
CODE.
Sec. 5101.20. (A) AS USED IN THIS SECTION:
(1) "COUNTY AGENCY" MEANS A COUNTY DEPARTMENT OF HUMAN SERVICES
ESTABLISHED UNDER CHAPTER 329. of the Revised Code OR A PUBLIC CHILDREN SERVICES
AGENCY, AS DEFINED IN SECTION 2151.011 OF THE REVISED
CODE.
(2) "FUGITIVE FELON" MEANS AN INDIVIDUAL WHO IS FLEEING TO AVOID
PROSECUTION, OR CUSTODY OR CONFINEMENT AFTER CONVICTION, UNDER THE LAWS OF THE
PLACE FROM WHICH THE INDIVIDUAL IS FLEEING, FOR A CRIME OR AN ATTEMPT TO
COMMIT
A CRIME THAT IS A FELONY UNDER THE LAWS OF THE PLACE FROM WHICH THE INDIVIDUAL
IS FLEEING OR, IN THE CASE OF NEW
JERSEY, A HIGH MISDEMEANOR, REGARDLESS OF
WHETHER THE INDIVIDUAL HAS DEPARTED FROM THE INDIVIDUAL'S USUAL PLACE OF
RESIDENCE.
(3) "INFORMATION" MEANS RECORDS AS DEFINED IN SECTION 149.011 OF
THE REVISED CODE, ANY OTHER DOCUMENTS IN
ANY FORMAT, AND DATA DERIVED FROM RECORDS AND DOCUMENTS THAT
ARE GENERATED, ACQUIRED, OR MAINTAINED BY THE STATE DEPARTMENT OF HUMAN
SERVICES,
A COUNTY AGENCY, OR AN ENTITY PERFORMING DUTIES ON BEHALF OF THE
STATE DEPARTMENT OR A COUNTY AGENCY.
(4) "LAW ENFORCEMENT
AGENCY" MEANS THE STATE HIGHWAY PATROL, AN AGENCY THAT EMPLOYS PEACE OFFICERS
AS DEFINED IN SECTION 109.71 OF THE REVISED CODE, THE ADULT
PAROLE AUTHORITY, A COUNTY DEPARTMENT OF PROBATION, A
PROSECUTING ATTORNEY, THE
ATTORNEY GENERAL, SIMILAR AGENCIES OF OTHER STATES, FEDERAL
LAW ENFORCEMENT AGENCIES, AND POSTAL INSPECTORS. "LAW ENFORCEMENT AGENCY"
INCLUDES THE PEACE OFFICERS AND OTHER LAW ENFORCEMENT OFFICERS
EMPLOYED BY THE AGENCY.
(5) "PUBLIC ASSISTANCE" MEANS FINANCIAL ASSISTANCE, MEDICAL
ASSISTANCE, OR SOCIAL SERVICES PROVIDED UNDER A PROGRAM ADMINISTERED BY THE
STATE DEPARTMENT OR A COUNTY AGENCY PURSUANT TO
CHAPTER 329., 5101., 5104., 5107., 5111., OR 5115. OF THE
REVISED CODE OR AN EXECUTIVE ORDER ISSUED UNDER SECTION
107.17 of the Revised Code.
(6) "PUBLIC ASSISTANCE RECIPIENT" MEANS AN APPLICANT FOR OR
RECIPIENT OR FORMER RECIPIENT OF PUBLIC
ASSISTANCE.
(B) THE
STATE DEPARTMENT SHALL ENTER INTO WRITTEN AGREEMENTS
WITH LAW ENFORCEMENT AGENCIES TO EXCHANGE, OBTAIN, OR SHARE
INFORMATION REGARDING PUBLIC
ASSISTANCE RECIPIENTS TO ENABLE THE STATE DEPARTMENT, COUNTY
AGENCIES, AND LAW ENFORCEMENT AGENCIES TO DETERMINE WHETHER A RECIPIENT OR A
MEMBER OF
A RECIPIENT'S ASSISTANCE GROUP
IS EITHER OF THE FOLLOWING:
(1) A FUGITIVE FELON;
(2) VIOLATING A CONDITION OF PROBATION, A COMMUNITY CONTROL SANCTION,
PAROLE, OR A POST-RELEASE CONTROL SANCTION IMPOSED UNDER STATE OR FEDERAL LAW.
(C) THE STATE DEPARTMENT AND COUNTY
AGENCIES SHALL PROVIDE INFORMATION REGARDING RECIPIENTS OF PUBLIC ASSISTANCE
UNDER A PROGRAM ADMINISTERED BY THE STATE DEPARTMENT OR A COUNTY AGENCY
PURSUANT TO CHAPTER 5107. OR 5115. of the Revised Code TO LAW ENFORCEMENT AGENCIES
ON REQUEST
FOR THE PURPOSES OF INVESTIGATIONS, PROSECUTIONS, AND CRIMINAL
AND CIVIL PROCEEDINGS THAT ARE WITHIN THE SCOPE OF THE LAW ENFORCEMENT
AGENCIES' OFFICIAL DUTIES.
(D) TO THE EXTENT PERMITTED BY FEDERAL LAW, THE STATE DEPARTMENT
AND COUNTY AGENCIES SHALL PROVIDE ACCESS TO INFORMATION TO THE AUDITOR OF
STATE ACTING PURSUANT TO CHAPTER 117. OR SECTIONS 5101.181 AND
5101.182 of the Revised Code AND TO ANY OTHER GOVERNMENT ENTITY AUTHORIZED BY STATE OR
FEDERAL LAW TO CONDUCT AN AUDIT OF OR SIMILAR ACTIVITY INVOLVING A PUBLIC
ASSISTANCE PROGRAM.
(E) INFORMATION ABOUT A RECIPIENT SHALL BE EXCHANGED, OBTAINED,
OR
SHARED ONLY IF THE STATE DEPARTMENT, COUNTY AGENCY, OR LAW ENFORCEMENT AGENCY
REQUESTING THE INFORMATION GIVES SUFFICIENT INFORMATION TO SPECIFICALLY
IDENTIFY THE RECIPIENT. IN ADDITION TO THE RECIPIENT'S NAME, IDENTIFYING
INFORMATION MAY INCLUDE THE RECIPIENT'S CURRENT OR LAST KNOWN ADDRESS, SOCIAL
SECURITY NUMBER, OTHER IDENTIFYING NUMBER, AGE, GENDER, PHYSICAL
CHARACTERISTICS, ANY INFORMATION SPECIFIED IN AN AGREEMENT ENTERED INTO UNDER
DIVISION (B) OF THIS SECTION, OR ANY INFORMATION CONSIDERED
APPROPRIATE BY THE DEPARTMENT OR AGENCY.
(F)(1) THE STATE DEPARTMENT AND ITS OFFICERS AND EMPLOYEES ARE
NOT LIABLE IN DAMAGES IN A CIVIL ACTION FOR ANY INJURY, DEATH, OR LOSS TO
PERSON OR PROPERTY THAT ALLEGEDLY ARISES FROM THE RELEASE OF INFORMATION
IN ACCORDANCE WITH DIVISIONS (B), (C), AND (E) OF
THIS SECTION. THIS SECTION DOES
NOT AFFECT ANY IMMUNITY OR
DEFENSE
THAT THE STATE DEPARTMENT AND ITS OFFICERS AND EMPLOYEES MAY BE ENTITLED TO
UNDER ANOTHER SECTION OF THE REVISED CODE OR THE COMMON LAW
OF THIS STATE,
INCLUDING SECTION 9.86 OF THE REVISED CODE.
(2) THE COUNTY AGENCIES AND THEIR EMPLOYEES ARE NOT LIABLE IN DAMAGES IN
A CIVIL ACTION FOR ANY INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY THAT
ALLEGEDLY ARISES FROM THE RELEASE OF INFORMATION IN ACCORDANCE WITH DIVISIONS
(B), (C), AND (E) OF THIS SECTION.
"EMPLOYEE" HAS THE SAME MEANING AS IN DIVISION
(B) OF SECTION 2744.01 OF THE
REVISED CODE.
THIS SECTION DOES NOT AFFECT ANY IMMUNITY OR DEFENSE THAT THE COUNTY AGENCIES
AND THEIR EMPLOYEES MAY BE ENTITLED TO UNDER
ANOTHER SECTION OF THE REVISED CODE OR THE COMMON LAW OF
THIS STATE,
INCLUDING SECTION 2744.02 AND DIVISION (A)(6)
OF SECTION 2744.03 OF THE REVISED CODE.
(G) THE AUDITOR OF STATE SHALL PREPARE AN ANNUAL
REPORT ON THE OUTCOME OF THE AGREEMENTS REQUIRED UNDER DIVISION
(B) OF THIS SECTION. THE
REPORT SHALL INCLUDE THE NUMBER OF FUGITIVE FELONS AND PROBATION
AND PAROLE VIOLATORS APPREHENDED DURING THE IMMEDIATELY
PRECEDING YEAR AS A RESULT OF THE EXCHANGE OF
INFORMATION PURSUANT TO THAT DIVISION. THE
AUDITOR OF STATE SHALL FILE THE REPORT WITH THE GOVERNOR, THE
PRESIDENT AND MINORITY LEADER OF THE SENATE, AND THE SPEAKER AND
MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES.THE STATE DEPARTMENT, COUNTY AGENCIES, AND LAW ENFORCEMENT
AGENCIES SHALL COOPERATE WITH THE AUDITOR'S OFFICE IN GATHERING
THE INFORMATION REQUIRED UNDER THIS DIVISION.
Sec. 5101.21. AN INDIVIDUAL OTHERWISE INELIGIBLE FOR AID UNDER
CHAPTER 5107. OF THE
REVISED CODE
OR FOOD STAMPS BENEFITS UNDER THE
"FOOD STAMP
ACT OF 1977," 78
STAT. 703, 7
U.S.C.
2011, AS AMENDED, BECAUSE OF PARAGRAPH (a) OF SECTION 115
OF THE "PERSONAL
RESPONSIBILITY AND
WORK
OPPORTUNITY
RECONCILIATION
ACT OF 1996," 110
STAT. 2105, 21
U.S.C.
862a, IS ELIGIBLE FOR THE AID OR BENEFITS IF THE INDIVIDUAL MEETS
ALL
OTHER ELIGIBILITY REQUIREMENTS FOR THE AID OR BENEFITS.
Sec. 5107.02. (A) The department of human services shall:
(1) Prepare and submit to the United States secretary of
health and human services a plan for aid to dependent children;
(2) Prescribe forms for applications, certificates,
reports, records, and accounts of the county administration, and
other matters;
(3) Make such reports, in such form and containing such
information as the administration may find necessary to assure
the correctness and verification of such reports;
(4) Require such reports and information from each county
administration as may be necessary or advisable;
(5) Provide, by rules or otherwise, for putting into
effect such methods of administration and procedure as are found
by the administration or the department to be necessary to the
efficient operation of the plan in the respective counties;
(6) Afford a fair hearing to any individual entitled
thereto under section 5107.05 of the Revised Code, in which case
the finding and order of the department shall be final;
(7) Administer and expend, pursuant to this chapter, any
sums appropriated by the general assembly for the purpose of this chapter
and all sums paid to the state by the
secretary of the
treasury of the United States as authorized by
Title IV-A of the
"Social Security Act," 49 Stat. 620 (1935),
42 U.S.C. 301, as amended;
(8) Conduct such investigations as are necessary;
(9) Enter into reciprocal agreements with other states
relative to the provision of aid to dependent children to
residents and nonresidents;
(10) Adopt rules establishing eligibility requirements for
aid and the method of determining the amount of aid an assistance
group may receive under this chapter. The rules shall specify
what is considered countable income for the purpose of
determining financial eligibility and the amount of assistance an
assistance group may receive under this chapter. The rules shall be
consistent with
Title IV-A of the "Social
Security Act," regulations promulgated by and the plan for
aid to dependent children approved by the
United States secretary of health and human services under
Title IV-A of that act, this chapter, and any other
section of the Revised Code establishing conditions and requirements of aid
under this
chapter.
(B)(1) The department shall determine a minimum standard
as of January 1, 1979, and shall update the minimum standard
annually. "Minimum standard" means the minimum amounts of income
and resources necessary for persons to maintain health and
decency.
(2) The department shall establish, by rule, a payment
standard based on state appropriations that is the maximum amount
of aid an assistance group may receive under this chapter.
(C) For the purpose of investigations, any authorized
representative of the department shall have access to all records
and information bearing thereon.
The department may adopt reasonable rules governing the
custody, use, and preservation of the records, papers, files, and
communications of the department, the county administration for
aid to dependent children, and all other state and county
officials participating in the administration of this chapter.
Wherever names and addresses of recipients of aid to dependent
children or applicants for such aid or any other disclosure of
information concerning such recipients or applicants are
furnished to or held by any other agency, department, or officer
of government, such agency, department, or officer of government
shall adopt rules necessary to prevent the publication of lists
thereof or the disclosure of information concerning applicants
and recipients or the use of such lists or information for
purposes not directly connected with law enforcement or the administration of
aid to
dependent children.
No person shall, except EXCEPT IN ACCORDANCE WITH RULES OF THE
DEPARTMENT for purposes directly connected with the administration of
public assistance, and in accordance
with the rules of the department OR AS REQUIRED BY SECTION 5101.20 OF
THE REVISED CODE, NO PERSON SHALL solicit, disclose,
receive, make
use of, or authorize, knowingly permit, participate in, or acquiesce in the
use of, any list of or names of, persons applying for or receiving such
assistance, directly or indirectly derived from the records, papers, files, or
communications of the department or county administrations or agencies
thereof, or
acquired in the course of the performance of official duties.
(D) Each county administration shall comply with the
rules, determinations, and orders of the department.
Sec. 5107.36. AN INDIVIDUAL IS NOT ELIGIBLE FOR ASSISTANCE
UNDER THIS CHAPTER IF EITHER OF THE FOLLOWING APPLY:
(A) THE INDIVIDUAL IS
A FUGITIVE FELON AS DEFINED IN SECTION 5101.20 of the Revised Code;
(B) THE INDIVIDUAL IS VIOLATING A CONDITION OF PROBATION, A
COMMUNITY CONTROL SANCTION, PAROLE, OR A POST-RELEASE CONTROL SANCTION IMPOSED
UNDER FEDERAL OR STATE LAW.
Sec. 5107.37. AN INDIVIDUAL WHO RESIDES IN A COUNTY HOME,
CITY INFIRMARY, JAIL, OR OTHER PUBLIC INSTITUTION IS NOT ELIGIBLE
FOR ASSISTANCE UNDER THIS CHAPTER.
Sec. 5115.03. (A) The state department of human services
shall do all of the following:
(1) Adopt rules governing the administration of disability
assistance, including the administration of financial assistance and
disability assistance medical assistance.
The rules shall be binding on county departments of human
services.
(2) Make investigations to determine whether disability
assistance is being administered in compliance with the Revised
Code and rules adopted by the state department.
(3) Administer disability assistance in a county where the
county department of human services fails to perform the
administrative functions required of it under section 5115.02 of
the Revised Code.
(B) If the state department administers disability
assistance in a county pursuant to division (A)(3) of this
section, it may expend any local funds available for
administration of disability assistance, and for a period not to
exceed three months, if necessary, may pay the entire
administrative cost of disability assistance in the county from
state appropriations for disability assistance. The county shall
promptly reimburse the department for any funds spent by the
state during any period the department administers disability
assistance in the county.
(C) The state department shall adopt rules in accordance
with section 111.15 of the Revised Code governing the custody,
use, and preservation of disability assistance records, papers,
files, and communications of the state department, county
departments, and all other state and county offices and officials
participating in administration of disability assistance. Each
government entity that acquires or maintains records that include
names of or other information about disability assistance
applicants or recipients shall adopt such rules as are necessary
to prevent disclosure of the names or information except as
required for LAW ENFORCEMENT OR administration of disability assistance
or as required by other sections of the Revised Code.
Except for purposes directly connected with administration
of disability assistance or as required by SECTION 5101.20 OR any other
section of the Revised Code, no person shall solicit, disclose, receive,
make use of, or knowingly permit, participate in, or acquiesce in
the use of names or other information about disability assistance
applicants or recipients that is derived from the records,
papers, files, or communications of any government entity or
acquired in the course of performing official duties. Any use of
names or other information about disability assistance applicants
or recipients that is permitted by this division,OTHER THAN
INFORMATION OBTAINED UNDER SECTION 5101.20 OF THE REVISED
CODE, shall be in accordance with the rules adopted by the
state department.
Sec. 5115.04. AN INDIVIDUAL IS NOT ELIGIBLE FOR ASSISTANCE
UNDER THIS CHAPTER IF EITHER OF THE FOLLOWING APPLY:
(A) THE INDIVIDUAL IS
A FUGITIVE FELON AS DEFINED IN SECTION 5101.20 of the Revised Code;
(B) THE INDIVIDUAL IS VIOLATING A CONDITION OF PROBATION, A
COMMUNITY CONTROL SANCTION, PAROLE, OR A POST-RELEASE CONTROL SANCTION IMPOSED
UNDER FEDERAL OR STATE LAW.
Sec. 5120.17. (A) As used in this section:
(1) "Mental illness" means a substantial disorder of
thought, mood, perception, orientation, or memory that grossly
impairs judgment, behavior, capacity to recognize reality, or
ability to meet the ordinary demands of life.
(2) "Mentally ill person subject to hospitalization" means
a mentally ill person to whom any of the following applies because of the
person's mental illness:
(a) The person represents a substantial risk of physical harm
to the person as manifested by evidence of threats of, or
attempts at, suicide or serious self-inflicted bodily harm.
(b) The person represents a substantial risk of physical harm
to others as manifested by evidence of recent homicidal or other
violent behavior, evidence of recent threats that place another
in reasonable fear of violent behavior and serious physical
harm, or other evidence of present dangerousness.
(c) The person represents a substantial and immediate risk of
serious physical impairment or injury to the person as
manifested by evidence that the person is unable to provide for
and is not providing for the person's basic physical needs
because of the person's mental illness and that appropriate
provision for those needs cannot be made immediately available
in the community.
(d) The person would benefit from treatment in a hospital for
the person's mental illness and is in need of treatment in a hospital as
manifested by evidence of behavior that creates a grave and
imminent risk to substantial rights of others or the person.
(3) "Psychiatric hospital" means a facility that is
operated by the department of rehabilitation and correction, is
designated as a psychiatric hospital, is licensed by the
department of mental health pursuant to section 5119.20 of the
Revised Code, and is in substantial
compliance with the standards set by the joint commission on
accreditation of healthcare organizations.
(4) "Inmate patient" means an inmate who is admitted to a
psychiatric hospital.
(5) "Admitted" to a psychiatric hospital means being
accepted for and staying at least one night at the psychiatric
hospital.
(6) "Treatment plan" means a written statement of
reasonable objectives and goals for an inmate patient that is
based on the needs of the inmate patient and that is established
by the treatment team, with the active participation of the
inmate patient and with documentation of that participation.
"Treatment plan" includes all of the following:
(a) The specific criteria to be used in evaluating
progress toward achieving the objectives and goals;
(b) The services to be provided to the inmate patient
during the inmate patient's hospitalization;
(c) The services to be provided to the inmate patient
after discharge from the hospital, including, but not limited to,
housing and mental health services provided at the state
correctional institution to which the inmate patient returns
after discharge or community mental health services.
(7) "Mentally retarded person subject to
institutionalization by court order" has the same meaning as in
section 5123.01 of the Revised Code.
(B)(1) If the warden of a
state correctional institution believes that an inmate should be
transferred from the institution to a psychiatric hospital, the
department shall hold a hearing to determine whether the inmate
is a mentally ill person subject to hospitalization. The
department shall conduct the hearing at the state correctional institution
in which the inmate is confined, and the department shall
provide qualified and independent assistance to the inmate for
the hearing. An independent decision-maker provided by the
department shall preside at the hearing and determine whether
the inmate is a mentally ill person subject to hospitalization.
(2) Prior to the hearing held pursuant to division (B)(1) of this
section, the warden shall give written
notice to the inmate that the department is considering
transferring the inmate to a psychiatric hospital, that it will
hold a hearing on the proposed transfer at which the inmate may
be present, that at the hearing the inmate has the rights
described in division (B)(3) of
this section, and that the department will provide qualified and
independent assistance to the inmate with respect to the
hearing. The department shall not hold the hearing until the inmate has
received written notice of the proposed transfer and has had
sufficient time to consult with the person appointed by the
department to provide assistance to the inmate and to prepare
for a presentation at the hearing.
(3) At the hearing held pursuant to division (B)(1) of this
section, the department shall disclose to the
inmate the evidence that it relies upon for the transfer and shall give the
inmate an opportunity to be heard. Unless the
independent decision-maker finds good cause for not permitting
it, the inmate may present documentary evidence and the testimony of
witnesses at the hearing and may confront and cross-examine witnesses called
by the department.
(4) If the independent decision-maker does not
find clear and convincing evidence that the inmate is a mentally
ill person subject to hospitalization, the department shall not
transfer the inmate to a psychiatric hospital but shall continue
to confine the inmate in the same state correctional institution
or in another state correctional institution that the department
considers appropriate. If the independent decision-maker finds clear
and convincing evidence that the inmate is a mentally ill person
subject to hospitalization, the decision-maker shall order that
the inmate be transported to a psychiatric hospital for
observation and treatment for a period of not longer than thirty
days.
After the hearing, the independent decision-maker
shall submit to the department a written decision that states
one of the findings described in division (B)(4) of this section, the evidence
that the decision-maker relied on in reaching that conclusion, and, if the
decision is that the inmate should be transferred, the reasons for the
transfer.
(5) The director of rehabilitation and correction shall
adopt rules setting forth guidelines for the procedures required
under division (B) of this section.
(C)(1) If an independent decision-maker, pursuant to division
(B)(4) of this section, orders an inmate transported to a psychiatric
hospital, the staff of the psychiatric hospital shall
examine the inmate patient when admitted to the psychiatric hospital
as soon as practicable after the inmate patient arrives at the
hospital and no later than twenty-four hours after the time of
arrival. The attending physician responsible for the inmate
patient's care shall give the inmate patient all information
necessary to enable the patient to give a fully informed,
intelligent, and knowing consent to the treatment the inmate
patient will receive in the hospital. The attending physician
shall tell the inmate patient the expected physical and medical
consequences of any proposed treatment and shall give the inmate patient
the opportunity to consult with another
psychiatrist at the hospital and with the inmate advisor.
(2) No inmate patient who is transported to a psychiatric hospital
pursuant to division (B)(4) of this section and who is in the
physical custody of the department of rehabilitation and correction shall be
subjected to any of the following procedures:
(a) Convulsive therapy;
(b) Major aversive interventions;
(c) Any unusually hazardous treatment procedures;
(d) Psychosurgery.
(D) The warden of the psychiatric hospital or the warden's designee shall
ensure that an inmate patient hospitalized pursuant to this section receives
or has all of the following:
(1) Receives sufficient professional care within twenty
days of admission to ensure that an evaluation of the inmate
patient's current status, differential diagnosis, probable
prognosis, and description of the current treatment plan have
been formulated and are stated on the inmate patient's official chart;
(2) Has a written treatment plan consistent with the
evaluation, diagnosis, prognosis, and goals of treatment;
(3) Receives treatment consistent with the treatment plan;
(4) Receives periodic reevaluations of the treatment plan by the professional
staff at intervals not to exceed thirty days;
(5) Is provided with adequate medical treatment for physical disease or
injury;
(6) Receives humane care and treatment, including, without
being limited to, the following:
(a) Access to the facilities and personnel required
by the treatment plan;
(b) A humane psychological and physical environment;
(c) The right to obtain current information
concerning the treatment program, the expected outcomes of
treatment, and the expectations for the inmate patient's
participation in the treatment program in terms that the inmate
patient reasonably can understand;
(d) Opportunity for participation in programs
designed to help the inmate patient acquire the skills needed to
work toward discharge from the psychiatric hospital;
(e) The right to be free from unnecessary or
excessive medication and from unnecessary restraints or
isolation;
(f) All other rights afforded inmates in the
custody of the department consistent with rules, policy, and
procedure of the department.
(E) The department shall hold a hearing for the continued hospitalization of
an inmate patient who is transported to a psychiatric hospital pursuant to
division (B)(4) of this section prior to the expiration of the initial
thirty-day period of hospitalization and, if necessary, at ninety-day
intervals after the first hearing for continued hospitalization. An
independent decision-maker shall conduct the hearings at the
psychiatric hospital in which the inmate patient is confined.
The inmate patient shall be afforded all of the rights set forth
in this section for the hearing prior to transfer to the
psychiatric hospital. A hearing for continued commitment is
mandatory, and neither the department nor the inmate patient may waive the
hearing.
If upon completion of the hearing the independent
decision-maker does not find by clear and convincing evidence that
the inmate patient is a mentally ill person subject to
hospitalization, the independent decision-maker shall order the
inmate patient's discharge from the psychiatric hospital. If
the independent decision-maker finds by clear and convincing
evidence that the inmate patient is a mentally ill person
subject to hospitalization, the decision-maker shall order that
the inmate patient remain at the psychiatric hospital for
another period not to exceed ninety days.
If at any time prior to the expiration of the ninety-day
period, the warden of the psychiatric hospital or the warden's
designee determines that the treatment needs of the inmate
patient could be met equally well in an available and
appropriate less restrictive state correctional institution or
unit, the warden or the warden's designee may discharge the
inmate to that facility.
(F) An inmate patient is entitled to the credits toward the reduction of the
inmate patient's stated prison term pursuant to Chapters 2967. and 5120. of
the Revised Code under the same terms and conditions as if the inmate patient
were in any other institution of the department of rehabilitation and
correction.
(G) The adult parole authority may place an inmate patient on parole or under
post-release control directly from a psychiatric hospital.
(H) If an inmate patient
who is a mentally ill person subject to hospitalization is to be
released from a psychiatric hospital because of the expiration
of the inmate patient's stated prison term, the warden of the
psychiatric hospital, at least fourteen days before the
expiration date, may file an affidavit under section 5122.11 or
5123.71 of the Revised Code with the probate court in
the county where the psychiatric hospital is located, alleging
that the inmate patient is a mentally ill person subject to
hospitalization by court order or a mentally retarded person
subject to institutionalization by court order, whichever is
applicable. The proceedings in the probate court shall be conducted
pursuant to Chapter 5122. or 5123. of the Revised
Code except as modified by this division.
Upon the request of the inmate patient, the probate court
shall grant the inmate patient an initial hearing under section
5122.141 of the Revised Code or a probable cause hearing under section 5123.75
of the Revised Code before the expiration of
the stated prison term. After holding a full hearing, the
probate court shall make a disposition authorized by section
5122.15 or 5123.76 of the Revised Code before the date of the
expiration of the stated prison term unless the court grants a
continuance of the hearing at the request of the inmate patient
or the inmate patient's counsel. No inmate patient shall be held
in the custody of the department of rehabilitation and
correction past the date of the expiration of the inmate
patient's stated prison term.
(I) The department of
rehabilitation and correction shall set standards for treatment
provided to inmate patients, consistent where applicable with the
standards set by the joint commission on accreditation of
healthcare organizations.
(J) A certificate,
application, record, or report that is made in compliance with
this section and that directly or indirectly identifies an
inmate or former inmate whose hospitalization has been sought
under this section is confidential. No person shall disclose
the contents of any certificate, application, record, or report
of that nature unless one of the following applies:
(1) The person identified, or the person's legal guardian,
if any, consents to disclosure, and the director of clinical
services and psychiatry of the department of rehabilitation and
correction determines that disclosure is in the best interests
of the person.
(2) Disclosure is required by a court order signed by a judge.
(3) An inmate patient seeks access to the inmate patient's own
psychiatric and medical records, unless access is specifically
restricted in the treatment plan for clear treatment reasons.
(4) Hospitals and other institutions and facilities within
the department of rehabilitation and correction may exchange
psychiatric records and other pertinent information with other
hospitals, institutions, and facilities of the department, but
the information that may be released about an inmate patient is
limited to medication history, physical health status and
history, summary of course of treatment in the hospital, summary
of treatment needs, and a discharge summary, if any.
(5) An inmate patient's family member who is involved in
planning, providing, and monitoring services to the inmate
patient may receive medication information, a summary of the
inmate patient's diagnosis and prognosis, and a list of the
services and personnel available to assist the inmate patient
and family if the attending physician determines that disclosure
would be in the best interest of the inmate patient. No
disclosure shall be made under this division unless the inmate
patient is notified of the possible disclosure, receives the
information to be disclosed, and does not object to the
disclosure.
(6) The department of rehabilitation and correction may
exchange psychiatric hospitalization records, other mental
health treatment records, and other pertinent information with COUNTY
SHERIFFS' OFFICES, hospitals, institutions, and facilities of the
department of
mental health and with community mental health agencies and
boards of alcohol, drug addiction, and mental health services
with which the department of mental health has a current
agreement for patient care or services to ensure continuity of
care. Disclosure under this division is limited to records
regarding the inmate patient's medication history, physical
health status and history, summary of course of treatment,
summary of treatment needs, and a discharge summary, if any. No
OFFICE,
department, agency, or board shall disclose the records and
other information unless one of the following applies:
(a) The inmate patient is notified of the possible
disclosure and consents to the disclosure.
(b) The inmate patient is notified of the possible
disclosure, an attempt to gain the consent of the inmate is
made, and the OFFICE, department, agency, or board documents the
attempt
to gain consent, the inmate's objections, if any, and the
reasons for disclosure in spite of the inmate's objections.
(7) Information may be disclosed to staff members
designated by the director of rehabilitation and correction for
the purpose of evaluating the quality, effectiveness, and
efficiency of services and determining if the services meet
minimum standards.
(K) The name of an inmate patient shall not be retained with the information
obtained during the evaluations.
Sec. 5120.37. THE DEPARTMENT OF REHABILITATION AND
CORRECTION SHALL ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF
HUMAN SERVICES TO EXCHANGE OR SHARE INFORMATION MONTHLY CONCERNING
PERSONS UNDER
THE CONTROL OR SUPERVISION OF THE DEPARTMENT OF REHABILITATION
AND CORRECTION.
Sec. 5149.03. The adult parole authority shall administer Chapter 5149. and
the provisions of Chapter 2967., Chapter 2971., and sections 2301.27 to
2301.32, 2941.46, 2951.05, 2951.06, and 2951.08 of the Revised Code that
impose duties upon the authority.
THE AUTHORITY MAY ENTER INTO A WRITTEN AGREEMENT WITH A PERSON OR
GOVERNMENT ENTITY TO SHARE INFORMATION, PERSONNEL, AND SERVICES FOR ONE OR
MORE OF THE FOLLOWING PURPOSES: TRAINING, CRIME INTERDICTION, FUGITIVE
APPREHENSION, AND COMMUNITY SUPERVISION. THE AGREEMENT MAY PERMIT THE
AUTHORITY TO ACT IN CONCERT WITH AND PROVIDE ASSISTANCE TO A LAW ENFORCEMENT
AGENCY, AS DEFINED IN SECTION 5101.20 of the Revised Code, IN DETECTING, TRACKING,
APPREHENDING, OR DETAINING AN INDIVIDUAL SUBJECT TO ARREST.
Section 2. That existing sections 5107.02,
5115.03, 5120.17, and 5149.03 of the Revised Code are hereby repealed.
Section 3. Because the Temporary Assistance to Needy Families Program has
replaced the Aid to Dependent Children Program pursuant to Executive Order
96-73V, signed September 13, 1996, references to the Aid to Dependent Children
Program in Section 1 of this act shall be deemed to refer to the Temporary
Assistance to Needy Families Program.
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